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Łukasz Kotarba

Counsel, Radca prawny

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01 July 2025 Download PDF

Construction as light as an epigram?!

Construction Projects – How to Bring Them to a Successful End? What kind of contractual provisions and how many annexes are needed? How detailed should they be (Hammurabi Code-style?) to ensure theprojec runs smoothly?This question arises regularly — both at the start and at the conclusion of every construction investment.

Setting aside the debate about the precedence of functions on-site or specific contractual clauses, two key aspects should be highlighted:

  • consistency in focusing on the final outcome of the investment,
  • not treating the lowest price as a sacred value (whatever that lowest price may mean).

“Conscience played until a certain amount – after that, only the gold chimed.”This epigram by Jan Sztaudynger applies to many personal and professional situations — including construction projects. (own translation – in the original “Sumienie grało do pewnej kwoty, potem dźwięczał już tylko … złoty”[1]).  

As long as conscience (i.e. quality, the final result) leads the process, we can be reasonably confident in the investment’s success. Once a certain — hard-to-define — threshold is crossed, cost becomes the central battlefield, and the focus shifts to achieving the project with the lowest possible expense. At that point, one can already hear the heavy clink of coins and the clash of iron arguments presented by parties in dispute. In such situations, even the most detailed contracts often prove insufficient.

Financial concerns tend to obscure the essence of the investment — of course, they are important and determine whether the project is feasible. However, they can affect the overall outcome, including the quality of work and the engagement of all stakeholders.

It’s not uncommon to see the paradox where doing it cheaper ends up costing twice as much — evidenced by extended timelines, contract terminations, substitute performance, personnel and contractor changes, and ultimately legal disputes. These issues arise from various actors in the investment process, in differing intensities and configurations.

What can be done? Don’t spare resources on proper project preparation (such as surveys and design). Ensure that competent personnel are provided and adequately compensated to monitor and implement the investment. Inspect and settle completed works properly. Enforce the expected quality and tangible results.It may sound idealistic, but good communication and professional relationships among all participants in the construction process help to carry the project to a quality outcome. (Quality ≠ “somehow” done ; in Polish, the words “quality” and “somehow” differ by only one letter.)

The stick-and-carrot method, hot-and-cold approach, (shower), or sudden storms out of clear skies do not have to be the driving forces behind a project. If there is a will to solve a problem, then — assuming the parties involved are decisive, professional, and responsible, and are not held back by personal frustrations, prejudices, or complexes — a solution can usually be found, even for formally complex situations.

  1. Jan Sztaudynger, Piórka prawie wszystkie, Wydawnictwo Literackie, 2007 (Wydanie I) ↩︎
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